Louisiana Bill Would Allow Terminally Ill Patients to Use Medical Marijuana in Healthcare Facilities
- Louisiana Senate Bill 270 would require licensed healthcare facilities to allow terminally ill patients to use medical marijuana while receiving care, excluding smoking and vaping methods.
- The bill mandates facilities to document medical marijuana use, keep a copy of the patient’s recommendation, develop usage guidelines, and implement storage requirements like locked containers.
- The legislation exempts emergency services and emergency departments and does not require facilities to recommend or include medical marijuana in discharge plans.
- The bill prohibits facilities from banning medical marijuana use solely because of federal Schedule I classification but allows suspension of compliance if federal enforcement actions occur, with an effective date of August 1, 2026.
Legislation introduced in the Louisiana Senate would require licensed healthcare facilities to allow terminally ill patients to use medical marijuana while receiving care. Senate Bill 270, filed by State Senator Katrina Jackson-Andrews (D), would enact R.S. 40:1046.5 to provide explicit access to medical marijuana for patients with a prognosis of one year or less if their illness follows its natural course. The measure defines a healthcare facility as one licensed under existing state law and applies to marijuana recommended in accordance with Louisiana’s current therapeutic marijuana program.
Under the proposal, healthcare facilities would be required to allow use of recommended medical marijuana by terminally ill patients, but smoking and vaping would be prohibited as methods of administration. Facilities would also need to document marijuana use in the patient’s medical record, require a copy of the patient’s recommendation, and develop written guidelines governing its use. The bill authorizes facilities to impose reasonable storage requirements, including requiring marijuana to be kept in a locked container to protect other patients, visitors and staff.
The legislation would not apply to patients receiving emergency services or to emergency departments while such care is being provided. It also specifies that facilities would not be required to issue medical marijuana recommendations or include marijuana in a patient’s discharge plan.
Despite marijuana’s federal classification as a Schedule I substance, the bill states that facilities may not prohibit its use solely on that basis. However, healthcare providers would still be required to comply with drug and medication requirements applicable to Schedule II, III and IV substances and would remain subject to enforcement by the Louisiana Department of Health.
The proposal also allows facilities to suspend compliance if a federal agency, the U.S. Department of Justice, or the Centers for Medicare and Medicaid Services initiates enforcement action or issues guidance prohibiting participation in the state-regulated program.
If approved, the measure would take effect August 1, 2026.